Nzame v Minister of Safety and Security

• Jurisdiction: South Africa
• Judge: Theron J
• Judgment Date: 25 September 2008
• Docket Number: 9689/94
• Court: Durban and Coast Local Division
• Hearing Date: 04 June 2008
• Citation: 2008 JDR 1293 (D)

Theron J:

[1] On 30 June 1994, members of the South African Police Service, acting within the course and scope of their employment with the defendant, unlawfully shot and killed Siyabonga Collin Nyanda ('Nyanda').

[2] The first plaintiff is Nyanda's daughter and the second plaintiff is his mother. In this action the plaintiffs are claiming damages for loss of support arising from Nyanda's death. The defendant has conceded liability in respect of the first plaintiff.

2008 JDR 1293 p2

Theron J

The issue for this court to determine is whether the second plaintiff is indigent and entitled to claim for loss of support.

[3] The second plaintiff testified that she resided in Gamalakhe Township outside Port Shepstone with her daughter, Sibusisiwe, and three teenage grandchildren, including the first plaintiff. Sibusisiwe was not employed. The second plaintiff's daughter Yoliswa, abandoned her two teenage children in the second plaintiff's care several years ago and was living in Pretoria.

[4] The second plaintiff's evidence was that she received an old age pension and various support payments in respect of her grandchildren. She also supplemented her income by selling sweets, chips and other foodstuffs. She said that her income was woefully inadequate to support herself, her daughter and her grandchildren. She testified that the family also received and were dependent on food and clothing handouts from the local church. It was her evidence that the clinic supplied them with 'porridge'. The second plaintiff said she was not in a position to pay for municipal rates, and for services such as water and sanitation, which were substantially in arrears. It was apparent from the relevant documentation and her evidence that the local municipality regarded her as indigent and did not proceed against her for recovery of these monies. It was also her testimony that she paid the first plaintiff's school fees as and when she could. It was her evidence that they used a card system to purchase electricity and she could only afford to pay for electricity for lighting purposes. The family's cooking was done over a fire. The second

2008 JDR 1293 p3

Theron J

plaintiff owed a debt to the Hibiscus Hospital in respect of medical treatment which she had received and she was repaying this debt at the rate of R50 per month. The second plaintiff testified that the roof of her home had been damaged in a storm several years ago and leaked extensively when it rained. During extremely wet periods the house was very damp and the childrens' health would suffer as a consequence. It was her evidence that she could not afford to repair the roof. She said that the furniture in the house was old and dilapidated and had not been replaced for approximately twenty years. The second plaintiff testified that Nyanda had, prior to his death, been employed as a taxi driver and had earned approximately R360 per week. She said he had contributed...